Workstorm Terms of Service.

Effective May 22, 2017

Welcome to Workstorm. Workstorm LLC and/or its affiliates ("Workstorm," “we,” or “us”) provide workstorm.com and the Workstorm application (collectively, the “Properties”). Your use of the Properties, and any content, services, and information provided through the Properties (collectively, “Services”) is subject to these Terms of Service. You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor).

PLEASE READ THESE TERMS OF SERVICE AND THE RELATED PRIVACY POLICY CAREFULLY BEFORE USING THE PROPERTIES. BY USING THE PROPERTIES, YOU AGREE TO THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW. If you do not agree to these Terms, you should not use the Properties or the Services.

When you use a Service you may also be subject to additional guidelines, terms and agreements applicable to that Service ("Service Terms"). If these Terms of Service are inconsistent with the Service Terms, those Service Terms will control. Please review our Privacy Policy, which also governs your use of the Properties and the Services.

  1. Ground Rules. You agree to the following rules (“Ground Rules”):
    1. Not to engage in illegal activity;
    2. Not to engage in any activity that exploits, harms, or threatens children;
    3. Not to send spam, including unwanted instant messages, SMS messages; unsolicited bulk email or other messages;
    4. Not to use the Services to share or display inappropriate content;
    5. Not to use the Services for false or misleading purposes;
    6. Not to circumvent any restrictions on access to the Services;
    7. Not to engage in activity that is harmful to the Services;
    8. Not to engage in activity that is harmful to others (e.g., spreading a virus, harassing others);
    9. Not to infringe on the intellectual property rights of others;
    10. Not to violate the privacy of others; and
    11. Not to help another user engage in a violation of these Ground Rules.
  2. Your Account. You may need your own Workstorm account (“User Account”) to use the Services, and you may be required to be logged in. If you have a User Account for yourself as an individual, you will not create a User Account for anyone other than yourself without their permission or the permission of Workstorm. You will not create more than one User Account for yourself. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your User Account, and for all activities that occur under your User Account or password. You will not sell, transfer, or assign your access or any access rights to your User Account. We may refuse service, suspend or terminate your User account, terminate your right to use the Services, or remove or edit content, in our sole discretion. If we terminate your User Account, you will not create another one without our permission. When you use the Workstorm mobile app, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, please review the instructions for your device’s operating system.
  3. Third Parties. The Properties and the Services may contain links to third-party websites, applications or other online services that are not owned or controlled by Workstorm. We do not control the content, privacy policies, or practices of any third-party websites, applications, or services. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). We do not assume any responsibility or liability for the actions, product, and content of these and any other third parties. Please review the terms of service, including privacy policies, of these third parties.
  4. Electronic Communications. When you use the Services, or send e-mails, text messages, or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing.
  5. Content. You are solely responsible for all of the information, photos, links, and other media (collectively, “Content”) you (or any other user of your account) enter into or upload to or through the Properties or Service or otherwise transmit to Workstorm in connection with the Service (“Your Content”). You will not transmit Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of proprietary rights, or otherwise injurious to third parties or objectionable, or content that contains software viruses or other harmful code or script, or any form of "spam" or unsolicited commercial electronic messages.
  6. License. Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Properties and the Services. This license does not include any resale or commercial use of the Properties or the Service, or their contents; or any use of data mining, robots, or similar data gathering and extraction tools. We or our licensors reserve all rights not granted herein. You may not reproduce, duplicate, copy, sell, or resell the Properties or the Services or any part of them. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, or form) of Workstorm without our express written consent. You may not misuse the Properties or the Services. You may use the Properties and the Services only as permitted by law. The licenses granted herein terminate if you do not comply with these Terms of Service or any Service Terms.
  7. Trademarks, Copyrights, & Restrictions. The Properties, Services, and all of the content they contain, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) are owned by or licensed by Workstorm or its affiliates or licensor(s). Except as expressly permitted in writing by Workstorm, you may not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in these Terms of Service or in the Services or any Service Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Workstorm or such third party that may own the Material. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by these Terms will violate these Terms and may infringe upon our rights or the rights of third parties. You agree to report any violation of these Terms by others that you become aware of. You are advised that Workstorm will aggressively enforce its rights to the fullest extent of the law. Workstorm may add, change, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
  8. Sanctions and Export Policy. You may not use the Services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are located. You must comply with all U.S. and other export and re-export restrictions applicable to use of the Services.
  9. NO WARRANTY. THE PROPERTIES AND THE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION, WORKSTORM DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE INFORMATION PROVIDED WILL BE COMPLETE OR ACCURATE. WORKSTORM DOES NOT WARRANT THE CONDUCT OF ANY USERS OR OTHER THIRD PARTIES.
  10. Limitation of Liability for Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WORKSTORM BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR LOST PROFITS, COST OF COVER, LOSS OF DATA, INTERRUPTION OF BUSINESS, RESULTING FROM THE PROPERTIES, THE SERVICE, OPERATION OF THE SERVICE, ACTIONS REGARDING YOUR CONTENT, OR ACTIONS REGARDING THIRD PARTIES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT WORKSTORM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORKSTORM’S TOTAL LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNTS YOU HAVE PAID WORKSTORM FOR ACCESS TO THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THE LIABILITY OF WORKSTORM SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
  11. DMCA. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Workstorm has implemented procedures for receiving written notification of claimed copyright infringement. Workstorm has a designated agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit a written notice (“DMCA Notice”) that contains
    1. Your signature;
    2. A description of the copyrighted work that you claim has been infringed;
    3. Information sufficient to permit us to locate the material on our site. For example, a URL to a web address containing the allegedly infringing content.
    4. Your email address, mailing address, and telephone number. Please note that we may provide your contact information and the contents of your report to the person who transmitted the content you are reporting. You may wish to use business contact information for contact by our users.
    5. A statement by you that:
      1. you have a good faith belief that the claimed infringing use is not authorized by the copyright owner, its agent, or by operation of law; and
      2. the information in your DMCA Notice is accurate; and
      3. you declare, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
    Please submit the notice to our Copyright Agent at: Workstorm ATTN: Copyright Agent 27 N. Wacker Dr., #464 Chicago, IL 60606, USA legal@workstorm.com For any content that is removed under the notice and counter-notice procedures of the United States Digital Millennium Copyright Act (DMCA), we will include information to the person that provided the content that is removed about how to submit a counter-notification under the DMCA.
  12. Choice of Law. The Service shall be deemed a passive website that does not give rise to personal jurisdiction over Workstorm, either specific or general, in jurisdictions other than Cook County, Illinois. These Terms of Service will be governed by the internal substantive laws of the State of Illinois without respect to its conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration.
  13. Place to Resolve Disputes. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Cook County, Illinois, for all disputes arising out of or relating to these Terms of Service or the Services that are heard in court (excluding arbitration and small claims court).
  14. Disputes, Arbitration, and Class Action Waiver.
    1. Informal Resolution. We want to address your concerns without needing a formal legal dispute. Before you file a claim against Workstorm, you agree to try and resolve it informally by contacting legal@workstorm.com. We’ll try to work things out. If we cannot resolve the dispute within 30 days of your email to us, then either you or Workstorm may bring a formal proceeding.
    2. You Must File Within One Year. Any action to resolve a dispute arising out of or related to these Terms of Service must be commenced within one (1) years after the date of the event giving rise to the claim. Otherwise, such causes of actions are permanently barred.

    YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

    Any dispute or claim relating in any way to your use of the Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would. To begin an arbitration proceeding, you must send an email to legal@workstorm.com. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules. We will pay all AAA arbitration fees for claims less than $25,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 more than the award. We will not seek attorneys’ fees and costs from you in arbitration unless the arbitrator determines that your claim is frivolous. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial. We and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of the Service or a party’s intellectual property rights. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the class action waiver contained herein is found to be invalid, unenforceable or illegal, then notwithstanding anything herein to the contrary, the entirety of this arbitration provision shall be null and void, and neither you nor Workstorm shall be entitled to arbitrate their dispute. If the agreement to arbitrate is found inapplicable or unenforceable with respect to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Cook County, Illinois.

  15. Notice.
    1. To You. We will provide any notice to you under these Terms of Service by: (A) sending a notification through your User Account, or (B) sending a message to the email address then associated with your User Account. Any notices provided through your User Account will be effective upon posting, and notices provided by email will be effective upon sending.
    2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to legal@workstorm.com; or (ii) by personal delivery, overnight courier or registered or certified mail to Workstorm, 27 N. Wacker Drive, #464, Chicago, IL 60606, attention CEO. We may update the email or address for notices to us by posting a notice on the Properties. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.

      Miscellaneous. No waiver by Workstorm will be implied. Any waiver of any provision of these Terms of Service must be in writing and signed by an officer of Workstorm. If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the extent necessary for these Terms to otherwise remain in full force and effect and enforceable. Workstorm makes no representations that the Service is appropriate or available for use in locations other than the United States. Those who access or use the Service from outside the U.S. do so at their own volition and are responsible for compliance with applicable laws. We may assign, subcontract, delegate, and transfer our rights and obligations under these Terms of Service to a third party. You may not assign or transfer your User Account. We will not be liable for any failure or delay in our performance due to any cause beyond its reasonable control, including act of war, acts of God, acts of third party service providers, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, power failure or failure of the Internet or computer equipment. The Services are offered by Workstorm, 27 N. Wacker Drive, #464, Chicago, IL 60606 and email: legal@workstorm.com. If you are a California resident, you may have a copy of these Terms of Service emailed to you by sending a letter to the foregoing address with your email address and a request for this information and Agreement. The Services are intended for use by and benefit of organizations. If you are using the Services in a workplace or with an account issued to you by your employer or another organization ("Organization") you must comply with that Organization’s data policies that govern storage, access, modification, retention, and deletion of the information you provide through the Services. If your Organization has Service Terms with Workstorm, you are also subject to those Service Terms. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.

      These Terms of Service, together with any Service Terms, policies, and the Privacy Policy, are the entire agreement between you and Workstorm relating to the stated subject matter. We may modify these Terms of Service at any time upon notification by posting the new terms on this site. Your continued use of the Properties or the Service following the posting of a notice regarding updated terms constitutes your acceptance of the updated terms. If you do not agree with the updated terms, you should close your User Account and discontinue use of the Service.